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Second engineering firm sued in firefighters' deaths did not give OK to enter building, defense says

Two local engineering firms sued individually by the estates of two firefighters killed in the Weaver Piano building collapse have now said they had no input into firefighters' decision to enter building on the second day of the fire.

Second engineering firm sued in firefighters' deaths did not give OK to enter building, defense says

Thursday evening scene at the old Weaver Organ & Piano building. Smoke picked up. More pieces still coming down. Small sections of debris.
Anthony Machcinski, York Daily Record

Carney Engineering was at Weaver building fire to advise owner, not fire department

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Looking at the ruins of the former Weaver Organ and Piano building in York from North Broad Street at the southwest corner of where the building stood on April 2, 2018. The security fences have been moved back to the front of the sidewalk.(Photo: Paul Kuehnel, York Daily Record)Buy Photo

York City firefighters Ivan Flanscha, 50, of Red Lion, and Zachary Anthony, 29, of York, were members of a crew that was knocking down hot spots in the aftermath of the fire at the former Weaver Piano and Organ building on March 22.

York City firefighters Ivan Flanscha, 50, of Red Lion, left, and Zachary Anthony, 29, of York, died in a building collapse March 22.(Photo: Submitted)

The firefighters were on the fourth floor of the heavily damaged Broad Street building when the floor collapsed. Two other firefighters were injured.

Casey Flanscha and Allison Brooke Hoffman, widows and administrators of the firefighters' estates, filed a joint wrongful death/professional negligence suit against Carney and his company in May alleging the defendants deemed the structure safe for firefighters to enter before the collapse.

In Wednesday's response, defense attorneys concede that Carney was on site before the collapse but maintain that he was present at the request of the building owner to determine if any parts of the building were salvageable. The building had been undergoing renovations to convert it into apartments.

The response states that Carney was not on scene to assist the fire department in any way and did not provide the department or any firefighters with any opinion whether the structure was structurally sound at that time.

Carney was able to observe limited portions of the building from the interior and a fire truck crane, according to Wednesday's filing. But, it states he did not, as alleged in the complaint, inform firefighters "that the structure of the building was sound and that the building was safe for entry by firefighters."

The suit seeks survival action benefits and other damages in excess of $50,000 for each count for each estate.

The estates previously had filed notice of legal action against C.S. Davidson Inc., which the city contracts with for engineering services.

Company president and CEO Kerryn Fulton had said Davidson did not have any involvement with the building until after the firefighters died. Those complaints, also filed in the York County Court of Common Pleas, have been discontinued.